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Dell Enterprise Technology 70-19-17 Supplemental 1

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September 8, 2025

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Dell Enterprise Technology 70-19-17 Supplemental 1
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Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California

STATEWIDE CONTRACT

USER INSTRUCTIONS
All changes to most recent Supplem ent are in bold red italic. Additi ons ar e enclosed in asterisks, *, and deleti ons are enclosed in br ackets, [].

MANDATORY
*Supplement 1*

ISSUE AND EFFECTIVE DATE: *April 17, 2025*
CONTRACT NUMBER: 1-24-70-19-17
DESCRIPTION: Enterprise Technology
Dell/EMC – Converged
Dell/EMC – Hyper-Converged
Dell/EMC – SAN Fabric
Dell/EMC – Server X86 Rack
Dell/EMC – Server X86 Blade
Dell/EMC – Server X86 Tower
Dell/EMC – Server X86 Entry
Dell/EMC – Storage SAN Mid
Dell/EMC – Storage AFA Mid
Dell/EMC – Storage Tape
Dell/EMC – Storage SDS
Dell/EMC – Storage OSA
Dell/EMC – Storage NAS File
Dell/EMC – Storage DBR

CONTRACTOR: IMPEX Technologies Inc.

CONTRACT TERM: 10/01/2024 through 09/30/2027
STATE CONTRACT ADMINISTRATOR: Robb Parkison
(279) 946-8302
[email protected]
To obtain a full list of Original Equipment Manufacturers (OEMs) and awards, click here: Enterprise Technology Contracts Listing

The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:IT General Provisions (rev 6/21/2022) Cal eProcure link: www.caleprocure.ca.gov

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
Contract User Instructions
*Supplement 1*

Page 2 ends

ORDER PLACEMENT INFORMATION
Mailing Address:

IMPEX
Technologies Inc
880 Apollo Street,
Suite 315
El Segundo, CA
90245
Email:
[email protected]
Contact Information:

IMPEX Technologies Inc.

Robert Betterton
Phone: (916) 336-9006
Email:
[email protected]
Contractor Website: https://www.impextechnologies.com/ca-contract OEM Price List (MSRP) URL: http://ftpbox.us.dell.com/slg/weekly/dellpricereport.pdf

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
Contract User Instructions
*Supplement 1*

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All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.

SUMMARY OF CHANGES
Supplement
Number Description/Articles Date
*1* *Subject contract is hereby modified to reflect
the following changes:
➢ Article 7: Hyperconverged definition
➢ Article 49: Language has been updated*
*4/17/2025*
N/A Original Contract Posted

10/1/2024
All other terms and conditions remain the same.

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
Contract User Instructions
*Supplement 1*

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STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
Contract User Instructions
*Supplement 1*

Page 5 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
Contract User Instructions
*Supplement 1*

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SCOPE
The State’s contract with IMPEX Technologies Inc. (Contractor) provides Enterprise Technology, at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-24-70-19-17 for the following OEM categories:

• Dell/EMC Categories:
o Converged
o SAN Fabric
o Server X86 Blade
o Storage San Entry
o Storage AFA Entry
o Storage Tape
o Storage NAS
o Hyper Converged
o Server X86 Rack
o Server x86 Tower
o Storage San Mid
o Storage AFA Mid
o Storage SDS
o Storage DBR
o Storage OSA

The Contractor shall supply the entire portfolio of products, for the silo and/or categories as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Enterprise Technology to the State.

The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract will expire at the end of the current contract term.

CONTRACT USAGE/RULES
A. State Departments
• The use of this contract is mandatory for all State of California departments for hardware purchases only, with the exception of Campus Networking hardware.

Software products and services are not mandatory.
• State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2, as applicable.
• Prior to placing orders against this contract, State departments must have been granted IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected].
• State departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
Contract User Instructions
*Supplement 1*

Page 7 ends

contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.

B. Local Governmental Agencies
• Local governmental agency use of this contract is optional. • Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.
• Local governmental agencies shall have the same rights and privileges as State departments under the terms of this contract. Any local governmental agencies desiring to participate shall be required to adhere to the same responsibilities as do State departments and have no authority to amend, modify or change any condition of the contract.
• A DGS issued billing code is not required for local governmental agencies to place orders against this contract.

C. Ordering Agencies:
• Ordering agencies may choose any OEM offered, however, it is highly recommended that the ordering agency receive quotes from multiple Contractors within an OEM silo/category to ensure the best price for the proposed solution, while still meeting the needs of the ordering agency. Contractors have the ability to offer a better discount by order.

• Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.

DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.

Current fees are available online in the Price Book & Directory of Services (go to Price Book Download and click on Purchasing under Procurement Division).

B. Local Governmental Agencies
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
Contract User Instructions
*Supplement 1*

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1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the local governmental agency’s purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

SB/DVBE OFF-RAMP PROVISION
The Enterprise Technology Statewide Contract 1-24-70-19-17 is mandatory for use by all State of California departments except when the “SB/DVBE Off-Ramp” provision is utilized. The SB/DVBE Off-Ramp provision allows a State department to, at its option, purchase contract items from a certified Small Business (SB), including a “microbusiness” (MB), or a Disabled Veteran Business Enterprise (DVBE) in accordance with the rules outlined within this document.

The rules outlined herein are exclusive to the Enterprise Technology Statewide Contract 1- 24-70-19-17 and do not affect any other contract. Departments may not use the SB/DVBE Off-ramp provision to buy outside of the mandatory statewide contract if the rules cannot be applied. In these situations, the purchase must be made through the mandatory statewide contract.

A. SB/DVBE Off-Ramp Provision Usage Rules
In order to utilize the SB/DVBE Off-ramp provision, departments must comply with the following usage rules:

Requirement Description / Procedure
Purchasing
Authority
Departments must have approved Purchasing Authority
Category for SB/DVBE Option per GC section 14838.5(a)
granted by the DGS-PD in order to utilize the SB/DVBE Off- Ramp provision as identified within the statewide contract.

Transaction
Limits
Transactions must be less than $250,000 excluding sales and use tax, finance charges, postage, and handling charges.

Supplier
Certifications
SB/DVBE Offramp purchases must be made to a supplier with a current California SB or DVBE certification. State
departments can verify certifications at the following website:
www.caleprocure.ca.gov

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
Contract User Instructions
*Supplement 1*

Page 9 ends

Requirement Description / Procedure
Price
Quotations
Departments must obtain price quotations from California- certified SB, MB, or DVBE supplier(s) as follows:

➢ For purchases between $0 and under $5,000,
departments must obtain at least one (1) phone quote or written quote from a Certified SB/DVBE.

➢ For purchases between $5,000 and under $250,000,
departments must obtain at least two (2) price quotations.

Refer to SCM Volume 2, Chap.1405.3. Quotes must be
obtained from suppliers of the same certification type
(SB or DVBE).

Evaluation State departments must document in the procurement file that the products being purchased are:
1) The same brand and model as the products available from the statewide contract including product description, functional requirements, and manufacturer warranties as provided in the statewide contract; and
2) Within 5 percent of the pricing offered from the statewide contract for the equivalent products based on the total order value before taxes.

Identifying Off
Ramp
purchases
Departments electing to exercise the Off Ramp provision by conducting a Fair and Reasonable or SB/DVBE Option
purchase, must identify use of the Off Ramp provision as follows:

FI$CAL Purchase Orders
Select the appropriate acquisition method (Fair and
Reasonable or SB or DVBE Option – COMPETITIVE). Do not select a LPA Contract ID. In the PO Reference field, enter “OFF RAMP” and the LPA contract number the Fair and
Reasonable or SB/DVBE Option is replacing.

STD. 65 Purchasing Authority Purchase Orders
On the STD. 65, enter “OFF RAMP” in the box titled “Leveraged Procurement Agreement No.” as shown in the example below.

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
Contract User Instructions
*Supplement 1*

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B. Off Ramp Documentation
Requirement Description / Procedure
Off Ramp
Documentation
The procurement file must be documented to support the
contract award and the action taken including the following documents:
• Copy of Statewide Contract User Instructions in support of executing a SB/DVBE purchase outside of the mandatory
contact.
• Statewide contract pricing sheet, highlighting the
equivalent products being purchased and used for
evaluation.
• SB or DVBE price quotes obtained.
• SB or DVBE certification verification.
• Authorized Reseller Letter (if applicable)

Refer to SCM Volume 2 for additional documentation
requirements.

EXEMPT PURCHASES
To purchase Enterprise Technology equipment from other than the Enterprise Technology contracts require an approved exemption from the State Contract Administrator. Please refer to Request Statewide Contract Exemption for State Agencies for information and the required justification forms regarding the exemption process.

These special exemption purchases must be documented within the individual procurement file and will be acquired under the department-approved IT purchasing authority guidelines stated in the SCM Volume 2. Each exemption is stand-alone unless otherwise stated by the State Contract Administrator.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
Contract User Instructions
*Supplement 1*

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Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).

CONTRACT ITEMS
This contract includes a complete catalog of all Enterprise Technology product within the OEM silo and/or category identified in Article 1, Scope. Enterprise Technology includes equipment within a Data Center and equipment that can interface with a Data Center (e.g., servers, storage, converged & hyper-converged systems, on-campus networking, fabric).

Hardware is the main focus for this contract. Software, accessories, and services will be ancillary and support the hardware. Installation and professional services cannot be purchased as a stand-alone from this contract unless being purchased for the purpose of warranty/support services.

The Scope of this contract does not include the following items:

1. Cloud Services including acquisitions structured as managed on-site services.

2. Storage as a Service, an architecture model by which a provider allows a customer to rent or lease storage space on the provider's hardware infrastructure on a subscription basis.

3. Hardware and services for the purpose of telecommunications

4. PC Goods

5. Wireless phone and internet service

6. Managed Print Services

7. Printers, Tablets, Cellular Phone Equipment

8. Off-campus networking

9. Public Works

10. Consulting Services

The Department of Technology (CDT) is exempted from #3 and #8 above.

This contract provides a discount-off the OEM Price List (MSRP). The URL to the OEM MSRP is listed on the front cover of these User Instructions. Discounts for each type of technology can be found on Attachment 1, Contract Discounts.

Ordering agencies shall not purchase the non-contract items listed above (items 1 through 10). Contract items must be listed in the MSRP catalog to be purchased unless a fixed contract price is listed.

*Hyper-Converged Category

A hyper-converged system infrastructure is a software-defined infrastructure that

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
Contract User Instructions
*Supplement 1*

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combines compute, storage, and networking into a single hardware unit where compute, storage, and networking are virtualized. It simplifies infrastructure by combining these elements into software-managed, scalable solutions.

Approved Components
• Hardware Unit: Unit where computer, storage, and networking are housed. • Networking Hardware: Networking equipment or adapters essential for hyper- converged infrastructure. Shall only be purchased with a hyper-converged hardware unit unless approved by Contract Administrator • Virtualization Management Software: Tools for managing virtual machines.

Prohibited Purchases
• General-purpose networking equipment and software not tied to hyper- converged systems.
• Accessories or equipment not integral to hyper-converged systems.

Purchases of equipment that fall under categories not awarded in this contract are not permitted.*

INSTALLATION, PROFESSIONAL SERVICES, WARRANTY/SUPPORT, AND

SUBSCRIPTIONS/LICENSES
• Professional Services must have a SOW.
o Training is considered a Professional Service; however, if the quote has only training for the professional services sub-category, then an SOW is not required. • Subscriptions/licenses are available for purchase. Discounts shall be the same as the hardware/software discount that the subscription/license is being purchased for (unless otherwise defined).
• Warranty/support, subscriptions, and licenses can be purchased as a stand-alone. All other services must support a hardware purchase (cannot be purchased as a stand- alone).
• Warranty/support, subscriptions and/or licenses shall be executed prior to their start date.

PRE-ORDER CONFIGURATION CONSULTATION (OFFER GENERATION) The Contractor shall provide pre-sale, pre-order technical consultation in accordance with Article 30, Professional Services, and configuration certifications to ensure acquired configurations are operationally designed for the ordering agency’s technical needs.

Ordering agencies will ensure that the Contractor has been appraised on the technical needs of the systems and components acquired under the contract.

SPECIFICATIONS
There are no specifications for this contract.

CUSTOMER SERVICE

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
Contract User Instructions
*Supplement 1*

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The Contractor will have a customer service unit that supports this contract. The customer service unit provides office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT.

The customer service unit shall be staffed with individuals that:

• Are trained in the requirements of this contract.
• Have the authority to take administrative action to correct problems that may occur.

The Contractor’s customer service unit shall respond to all customer inquiries within one (1) business day of initial contact.

Contact Phone Email
Robert Betterton 916-336-9006 [email protected]

ELECTRONIC CATALOG/CONTRACT WEBSITE CONTENTS
A contract website specific to the Statewide contract for Enterprise Technology is available and contains the following data elements at minimum:

• Contract-specific discounts.
• Warranty/support Information
• Quote generation/instructions on how to receive a quote. • Contractor’s customer service contact information
• Publicly-available OEM MSRP URL(s) (current and archives)

OFFER/QUOTE FORMAT
The Contractor shall provide an offer to ordering agencies in an MS Excel spreadsheet format. The quote must include the following data elements:

• Contractor letterhead
• Offer/Quote “prepared by” name
and contact information.
• Offer/Quote number.
• Date of Offer/Quote
• Ordering agency name
• Ordering agency contact person.
• Contract number.
• Segment ID (Contract line-item #)
• Quantity
• Description of Item
• Manufacturer’s Part Number/SKU
• Contractor part # (for Contractor
services only – use with
manufacturer’s SKU)
• MSRP/Index Price
• Contract Discount
• Contract Unit Price
• Extended Price (Quantity x Contract
Price)
• Subtotals of taxable and non-
taxable items
• Rate and calculated tax.
• Applicable fees
• Grand total

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
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*Supplement 1*

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All quotes must be in MS Excel format. If a Statement of Work (SOW) is required (any quote with Professional services), it must be created by the ordering agency and added to their procurement file (exception to ordering only training as a professional service).

It is the responsibility of the ordering agency to review quotes. Review includes accuracy against the OEM Price List (MSRP), correct discounts, correct product, etc.

Quotes shall not contain additional terms and conditions. For questions, please contact the State Contract Administrator.

PRODUCT SUBSTITUTIONS
Product substitution shall be in accordance with the General Provisions, (rev 6/21/2022), Section 15, Substitutions. Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the State Contract Administrator and/or the ordering agency.

PROMOTIONAL PRICING
During special pricing promotions, the Contractor shall offer the ordering agency the promotional pricing or the discount percentage off list, whichever is lower.

The Contractor shall notify the State Contract Administrator of all promotional pricing changes. Notification shall include at a minimum:

• Promotion start and end dates.
• Models, products, and services included in the promotion. • Promotional pricing

Promotional items shall come with all benefits of the statewide contract terms and conditions and shall include all provisions such as warranty/support and delivery.

STATE AGENCY INFORMATION TECHNOLOGY CERTFICATION REQUIREMENT This requirement does not apply to local government agencies.

For State departments, a signed certification of compliance with state information technology (IT) policies is required for all IT acquisitions of hardware, software, and services that cost $5,000 or more. The policy and required format are provided in SAM section 4819.41.

PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site (select STD Forms).

All Purchasing Authority Purchase Orders (Std. 65) must contain the following:

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
Contract User Instructions
*Supplement 1*

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• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line-Item number.
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price

2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.

3) Blanket Orders
The use of blanket purchase orders against this statewide contract is not allowed.

B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number and Billing Code which are used by State departments only).

MINIMUM ORDER
There is no minimum order for this contract.

ORDERING PROCEDURE
Ordering agencies are to submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:

• U.S. Mail
• Facsimile
• Email

The Contractor’s Order Placement Information is as follows:

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
Contract User Instructions
*Supplement 1*

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ORDER PLACEMENT INFORMATION
U.S. Mail:

IMPEX Technologies Inc
880 Apollo Street, Suite 315
El Segundo, CA 90245
Email:
[email protected]

When using any of the ordering methods specified above, all State departments must conform to proper State procedures.

ORDER ACCEPTANCE
The Contractor shall accept orders from any ordering agency. The Contractor shall not accept purchase documents for this contract that:

• Are incomplete (required information on purchase documents will be provided during contract implementation)
• Contain non-contract items.
• Contain non-contract terms and conditions.

The Contractor must not refuse to accept orders from any ordering agency for any other reason without written authorization from the State Contract Administrator.

ORDER ACKNOWLEDGEMENT
The Contractor will provide ordering agencies with an email or facsimile order receipt acknowledgement within forty-eight (48) hours of receipt of purchase order. The acknowledgement shall include the following information:

• Contractor’s Order Number
• Ordering Agency Name
• Purchase Order Number
• Description of Goods
• Total Cost
• Anticipated Delivery Date
• Identification of any Out of Stock/Discontinued Items

OUT OF STOCK REMEDY
Upon receipt of an order acknowledgment identifying out of stock items, the ordering agencies shall have the following options:

• Request a back order.
• Cancel the item from the order with no penalty.

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
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Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the State Contract Administrator.

DISCONTINUED ITEM REMEDY
Upon receipt of an order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:

• Amend purchase document to reflect State-approved substitute item (per Article 14, Product Substitutions).
• Cancel the item from the order.

Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the State Contract Administrator.

DELIVERY SCHEDULES
Delivery for orders placed against this contract shall be in accordance with the following:

A. Locations
Deliveries are to be made (statewide) to the location specified on the individual order, which may include but is not limited to, inside buildings, high-rise office buildings, and receiving docks.

Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are 10:00AM to 4:00PM PT.

B. Schedule
Delivery of ordered product shall be completed in full within thirty (30) calendar days after receipt of an order (ARO). Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each ordering agency for their specific delivery hours before delivery occurs.

The Contractor must notify the ordering agency within twelve (12) hours of scheduled delivery time if delivery cannot be made within the time frame specified on the Order Receipt Confirmation.

C. Secure Grounds Delivery
Deliveries may be made to locations inside secure grounds that require prior clearances or special entry procedures to be followed for delivery drivers.

Security procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
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Deliveries that are delayed due to drivers not being cleared to enter secure grounds may be cause for contract default.

FREE ON BOARD (F.O.B.) DESTINATION
All prices are F.O.B. destination; freight prepaid by the Contractor, to the ordering agency’s receiving point. Responsibility and liability for loss or damage for all orders will remain with the Contractor until final inspection and acceptance, when all responsibility will pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty/support obligations.

PALLETS
Unless otherwise specified on the ordering agency’s purchase order document, standard commercially available pallet sizes should be used. All pallets shall be of sturdy construction and adequate condition to assure delivery of the goods without damage to the goods or safety hazards.

Exchange pallets may be available; however, the State assumes no responsibility for the availability to exchange pallets. Delivery drivers shall not remove more pallets from the location than delivering at time of delivery.

SHIPPED ORDERS
All shipments shall be in accordance with the General Provisions, (rev 6/21/2022), Section 12, Packing and Shipment.”.

PACKING INFORMATION
Packing requirements shall be in accordance with the General Provisions, (rev 6/21/2022), Section 12, Packing and Shipment.”.

Any back ordered or out of stock items shall be identified on the packing sheet as well as the availability date of unfilled and partial shipment.

A packing label shall also be included with each order shipped and include the following items, visible on the outside of the box:

• Ordering Agency Name
• Delivery Address, Unit, and/or Floor
• Ordering Agency Contact Information

INSTALLATION
Contractor shall provide installation as a value-added service. Physical installation includes coordination of installation with ordering agency, power-up, installation of latest firmware, installation of software and updates, and removal of trade-in equipment and dunnage.

Testing and diagnostics must include execution of a suite of hardware and software. The basic configuration must be completed and accepted by the ordering agency.

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
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Installation shall include electronic documentation, including configuration instructions, at no additional price. Ordering agencies may purchase installation at the discount-off OEM MSRP.

PROFESSIONAL SERVICES
Contractor shall offer professional services such as pre-order configuration, technical support, and engineering. Professional services do not include consulting services or installation. Contractors shall offer professional service at the discount off OEM MSRP, unless an established contract prices are included in the Contractor’s Contract Pricing workbook. Contractors must use the professional services manufacturer’s part numbers from the OEM MSRP and give a discount based on those catalog prices.

All orders containing professional services will require an SOW with the purchase order from the ordering agencies.

INSPECTION AND ACCEPTANCE
Inspection and acceptance shall be in accordance with the General Provisions, (rev 6/21/2022), Section 16, Inspection.

CONTRACT ADMINISTRATION
Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.

Administrator
Information DGS-PD IMPEX Technologies Inc.

Contact
Name:

Robb Parkison Rajiv Shah

Telephone: (279) 946-8302 310-320-0280 x621
Facsimile: NA N/A
Email: [email protected] [email protected] Address: DGS/Procurement Division
Attn: Robb Parkison,
707 Third Street, 2nd Floor, MS
201
West Sacramento, CA 95605
IMPEX Technologies Inc
Attn: Rajiv Shah
880 Apollo Street, Suite 315
El Segundo, CA 90245

RETURN POLICY
Contractor shall accept returns after delivery in accordance with the State’s General Provisions. A full refund shall be offered for the following reasons:

• Items shipped in error.
• Defective or freight-damaged items

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-24-70-19-17
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• Unopened product (within 30 days of delivery)

Additionally, a full refund shall be provided for products that do not substantially conform with the PO requirements regardless of time of notification.

Contractor may charge a restocking fee for returns that do not meet the reasons above. In all cases, the ordering agency shall have the option of taking an exchange, receiving a credit, or receiving a refund. Restocking fees can be no greater than 10 percent of the value of the items needing re-stocking.

All products returned should be in the packaging as delivered and include all documentation. Lost or damaged packaging materials and/or documentation shall be supplied by the Contractor. The Contractor shall not charge for these materials in excess of the Contractor’s cost or the restocking fee, whichever is lower. The Contractor shall provide the State Contract Administrator and/or ordering department a copy of the Contractor’s material cost, if requested, within ten (10) days of request.

All returns shall be picked up within seven (7) working days of notification. Notification is defined as notice in writing, by facsimile or e-mail. Shipping or freight costs for returned items that were shipped in error, defective or freight-damaged shall be paid by the Contractor.

The Contractor will be responsible for the efund or replacement of all products, including those covered by manufacturer warranties as stated in Article 42, Warranty/Support.

Contractor shall not require the ordering agency to deal directly with the manufacturer.

CUSTOM PRODUCT RETURN POLICY
Ordering agencies shall accrue no charges for custom product if the product is defective or freight damaged. Any other custom product may be returned by any ordering agency but may be subject to fees to remove customization (e.g., VAS), in addition to the fee specified in Article 33, Return Policy. These fees may be negotiated between the Contractor, ordering agency, and the State Contract Administrator.

RESTOCKING FEES
The Contractor may impose a restocking fee for returns for reasons not listed in Article 33, Return Policy. Re-stocking fee for this contract shall be no greater than 10 percent.

The packaging and documentation provisions of Article 33, Return Policy, shall apply to re- stocked items.

PRODUCT RECALL PROCEDURES
The Contractor shall provide recall notification, regardless of level, in writing to the State Contract Administrator and each applicable ordering agency through the most expedient

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method possible. The notices, at a minimum, shall include a complete product description and/or identification, contract number, delivery order number and disposition instructions.

The Contractor shall pick up, test, destroy, or return recalled products to the manufacturer at no expense to the ordering agency. The Contractor shall issue replacement of product for any product removed or recalled.

INVOICING
Invoices shall be submitted to the ordering agencies within seven (7) calendar days from date of delivery.

Ordering agencies may require separate invoicing, as specified by each ordering agency.

PAYMENT
A. Terms
Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty- five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.

B. CAL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.

C. State Financial Marketplace
State departments reserve the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State department and the State department will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.

D. Payee Data Record
Each State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the Contractor for copies of the Payee Data Record.

CAL-CARD INVOICING
Cal-Card is not accepted for this contract.

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CALIFORNIA SELLER’S PERMIT
The California seller permit number for the Contractor is listed below. Ordering Agencies can verify that permits are currently valid at the following website: www.cdtfa.ca.gov.

State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2.

Contractor Name Seller Permit #
IMPEX Technologies Inc 097-212903

WARRANTY
The Contractor must honor all manufacturers’ warranties and guarantees from the date of acceptance on all products offered as part of a resulting contract. The Contractor shall bear all material and labor costs for repair of equipment defects and failure. The Contractor shall be the main point of contact for all warranty issues and shall facilitate any necessary contact between the ordering agency and the manufacturer.

During the warranty period, the Contractor must:

• Honor all manufacturers’ warranties and guarantees on all products offered through the contract.
• Continue to provide warranty service after contract termination until expiration of warranties for products that have been sold under the contract. • Provide all labor, parts, and travel necessary to keep the products in good operating condition and preserve its operating efficiency in accordance with its technical specifications.
• Pay any necessary shipment and insurance costs.

The warranty services listed shall include all products, software and firmware maintenance costs, and costs of labor, parts, travel, factory overhaul, rehabilitation, transportation, and substitute products as necessary. If it is necessary to remove any products from an ordering agency’s location where on-site warranty is specified, the Contractor will provide substitute products at the time of removal.

Substitute products will be comparable to or better than the products removed. In instances where it is necessary for the Contractor to return the products to the factory, the Contractor will be responsible for all costs of the products from the time it leaves the ordering agency’s site until it is returned to the site in good operating condition.

Only new standard parts or parts equal in performance to new parts will be used in making repairs. Parts that have been replaced will become the property of the Contractor except in instances where the State chooses to keep the hard drives. Replacement parts installed will become the property of the ordering agency.

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All operating system software and firmware will be considered an integral component of the equipment, and the Contractor will respond to all requests for warranty service for any failure.

Warranty services during the warranty period will not include electrical work external to the products, the furnishing of supplies, or adding or removing accessories, attachments, or other devices not provided under this contract. Warranty services also will not include repair of damage resulting from transportation by the ordering agency between State or local sites or from accident unless the accident is caused by negligent, intentional acts, or omissions of Contractor or its agents.

QUALITY ASSURANCE GUARANTEES
The Contractor shall represent and warrant that Enterprise Technology products provided shall be free from defects in material and workmanship, given normal use and care, over the period of the manufacturer warranty. The terms of this contract will supersede any language to the contrary on purchase orders, invoices, or other sources. Contractors must use new products, parts, and components for all new equipment purchased by the State.

The Contractor may use parts that are equal in performance to new parts for warranty replacement repair parts only as long as it does not violate the manufacturer’s warranty.

EQUIPMENT REPLACEMENT DURING WARRANTY
All product provided under the resultant contract shall perform in accordance with technical specifications and functional descriptions contained or referenced in the awarded contract agreement. If provided product is subject to warranty response three (3) or more times during any ninety (90) day period, the Contractor will, upon the ordering agency’s request, replace the product at no cost. The replacement product will be delivered no later than fifteen (15) working days after the ordering agency’s request is received by the Contractor.

Replacement goods cannot be used, refurbished, or recycled, and must be of equal or greater value.

CONTINUOUS WARRANTY COVERAGE FOR EQUIPMENT ACQUIRED UNDER

STATE CONTRACTS
The Contractor agrees to provide extended warranty coverage and honor all manufacturers’ warranties and guarantees on OEM products acquired under any prior State of California storage, server, or Enterprise Technology contracts. This option is available conditionally when the equipment has been on continuous maintenance or upgraded extended warranty coverage. The extended warranty coverage shall be offered in the OEM MSRP and discount-off OEM MSRP pricing under this contact.

PRINCIPAL PERIOD OF MAINTENANCE
The Contractor must provide warranty and unscheduled service calls for equipment failure in accordance with the following Principal Period of Maintenance (PPM) times after notification from an ordering agency of a problem with any of the goods provided under the resultant contract.

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• Metropolitan Areas shall be 8x5x8 NBD onsite – Eight (8) hours, typically 8:00 am to 5:00 pm, Pacific Time, five (5) days a week, Monday through Friday, eight (8) hour Next Business Day onsite response time in metropolitan areas, excluding State holidays.
• Non-Metropolitan Areas shall be 8x5x2 (two (2) hour call back response time, excluding State holidays.) Remediation shall be underway within forty-eight (48) hours.

Metropolitan Areas:

Counties
San Diego, Orange, Riverside, Los Angeles, San Francisco, Alameda, Sacramento, Santa Clara, San Bernardino, Yolo, Solano, Contra Costa, and San Mateo.

Cities
Redding, Stockton, Bakersfield, Ventura, Tracy, San Quentin, Santa Rosa, Santa Barbara, Frontera, and Fresno.

At the discretion and mutual agreement of State agencies and Contractor, the PPM service availability may be changed for a site by attaching an amendment to their purchase order that states the alternative hours of maintenance at that site. All equipment at a single State site shall have a common PPM service availability. If the State requests unscheduled on-call PPM be performed at a time which is outside the PPM service availability, the service will be furnished at the applicable per call rates and terms then in effect. Travel time and expenses are not billable in connection with such maintenance.

PPM after manufacturers’ warranty will be based on the warranty/support offered/purchased by the Contractor.

RECYCLED CONTENT
State departments are required to report purchases made within sixteen (16) product categories in the California Department of Resources Recycling and Recovery’s (CalRecycle) State Agency Buy Recycled Campaign (SABRC) in accordance with PCC Sections 12200-12217. Post-Consumer Recycled Content (PCRC) information shall be provided to ordering agencies upon request.

SB/DVBE PARTICIPATION
There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.

VETTED FORMS/CERTIFICATIONS
The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor forms, certifications, and compliance to performing a commercially useful function (CUF) during the solicitation evaluation process. Consequently, when executing

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purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to conduct a CUF evaluation or request the completion of the following required certifications and forms:

• Bidder Declaration Form (GSPD 05-105)
• DVBE Declaration Form (DGS-PD 843)
• Darfur Contracting Act Form
• California Civil Rights Certification Form
• Iran Contracting Act Certification
• Russian Sanctions Agreement
• Federal Debarment

GENERATIVE AI PROCUREMENT PROCEDURES
*GenAI contract provisions (rev. 2/20/2025) have been incorporated into the contract. Contract items may utilize, or be customized to utilize, GenAI as a deliverable. If GenAI is disclosed by the Contractor, state departments must follow the required GenAI purchase procedures outlined in SCM Vol.2, Chapter 23, Generative Artificial Intelligence.*

TRADE IN PROGRAM
There is no Trade-In Program associated with this contract.

TAKE-BACK PROGRAM
There is no Take-Back Program associated with this contract.

ATTACHMENTS
Attachment A – Contract Pricing

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